Death squads: Kenya plots to oust Alston

• Diplomatic push by Nairobi allies might see UN man in police probe censured

A report on Kenyan police killings presented at a United Nations Conference in Geneva has sparked a controversy which might result in the censure of Rapportuer Philip Alston.

Prof Alston last week presented the report of his investigation into allegations of illegal police executions in Kenya in which he criticised the government and called for the resignation of Attorney-General Amos Wako and the sacking of police commissioner Maj Gen Hussein Ali.

Although the Kenyan delegation denies lobbying against Prof Alston, its complaints, that the UN Rapportuer did not cross-check the facts in his report and that he did not sufficiently involve the government in its preparation, appear to have caught the attention of delegations from Africa and the non-aligned movement.

Destabilise Kenya

In his speech to the UN Human Rights Council, Justice minister Mutula Kilonzo accused Prof Alston of seeking to “destabilise Kenya by trying to divide the coalition government” and claimed that the UN official’s report was “biased”.

The African Group, a team of delegations from Africa, and the non-aligned movement, appear to believe that UN Rapportuer are conducting investigations as if there was one set of rules for poor countries and another for the rest of the world, according to a member of the Kenyan technical delegation who requested not to be named because he is not authorised to comment.

Influential countries such as Malaysia, the official said, were among those which felt that the UN investigators were not respecting the rights of poor member states and want all special Rapportuer censored.

The Kenyan delegation initially went to Geneva with every intention of attacking Prof Alston, but a compromise between the Orange Democratic Movement and the Party of National Unity saw them put up a more balanced defence in which the government acknowledged illegal killings by police officers and a promise to protect human rights defenders.

Kenya was represented at the meeting by Mr Kilonzo, his Lands colleague James Orengo, George Saitoti of Internal Security, East African Cooperation minister Amason Kingi and Mr Wako. Mr Wako and the ministers have since left but the technical delegation is still attending the conference.

But the feeling among some members of the technical delegation appears to be that Prof Alston “got off lightly” and that the human rights official meddled in internal security matters which are “not discussable” at the conference and “got sucked into national politics”.

Initially, the government response was intended to criticise Prof Alston by saying: “The Government expresses grave concern regarding the allegations contained in the report by the Special Rapportuer. His questioning of the very basis of the Kenyan state and in particular its institutions is totally unacceptable, and impinges on Kenya’s sovereign rights.”

But after the compromise, Prof Saitoti’s remarks were, in comparison, mild and did not attack the UN official.

The lobbying seems to have started after the Kenyan official response and might culminate, some members of the Kenyan delegation hoped, in a formal censure or a “withdrawal of support” for Prof Alston by the Africa Group and the NAM.

On Sunday, Mr Wako, who is in London pursuing the Anglo Leasing case, denied lobbying the African Group to push for a resolution to condemning Prof Alston.

“No. I cannot recollect lobbying any group in Geneva against Prof Alston,” he said by the phone.